Ganesh Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77556 of 2019 Arising Out of PS. Case No.-175 Year-2017 Thana- NOORSARAI District- Nalanda ====================================================== Ganesh Chauhan Son of Lakhan Chauhan Resident of Village- Chattarpur, P.S.- Noorsarai, District - Nalanda.

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Archit Rajpal, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan (APP156) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Noorsarai P.S. Case No. 175 of 2017, registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

Allegation against the petitioner and one another coaccused is to have caught hold of the deceased Bhaisur of the informant and another co-accused Rajendra Chauhan was brutally assaulting the deceased as a result of which he succumbed to injuries.

It is submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. It has further been submitted that there is no specific allegation against

Patna High Court CR. MISC. No.77556 of 2019(2) dt.28-11-2019 2/3 the petitioner rather the specific allegation of assault by Khanti is against co-accused Rajendra Chauhan. The petitioner has no criminal antecedent and he is in custody since 18.09.2019. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with tow sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VII, Nalanda at Biharsharif in connection with Noorsarai P.S. Case No. 175 of 2017 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be property represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in

Patna High Court CR. MISC. No.77556 of 2019(2) dt.28-11-2019 3/3 that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) S.Katyayan/- U T